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BORDER MANAGEMENT AND TRADE FACILITATION ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY PROVISIONS

   1. Short title

   2. Interpretation

   3. Application

   4. Legislation related to one-stop border post

PART II
BORDER MANAGEMENT

   5. Lead agency for coordinating operations

   6. Functions of lead agency

   7. Constitution and composition of National Committee on Trade Facilitation

   8. Functions of National Committee on Trade Facilitation

   9. National Committee on Trade Facilitation Secretariat

   10. Free movement of officers in control zones

   11. Number of officers, names and designations

   12. Identification of officers

   13. Carrying of weapons

   14. Protection and assistance to officers and compensation

PART III
BORDER AGREEMENTS

   15. Border agreements

   16. Publication of border agreement

PART IV
CONTROL ZONES AND FACILITIES IN CONTROL ZONES

   17. Establishment and designation of control zones

   18. Exclusive use areas within control zones

   19. Traffic control

   20. Operating days and hours

   21. Equipment for official use

   22. Communication equipment in control zones

PART V
CONDUCT OF BORDER CONTROLS

   23. Border controls in control zones by officers of adjoining State

   24. Joint controls

   25. Use of single window system

   26. Simplified trading arrangements

PART VI
FACILITATION AGENTS

   27. Access to control zones by facilitation agents

   28. Performance of functions in control zones

   29. Communication with offices

PART VII
APPLICATION OF BORDER CONTROL LAWS AND CRIMINAL LAWS

   30. Laws of adjoining State to apply in control zones

   31. Criminal acts for non-border control laws

PART VIII
GENERAL PROVISIONS

   32. Transitional provisions

   33. Temporary measures

   34. Regulations

   35. Rules by lead agency

   36. Repeal of Act No. 8 of 2009

      SCHEDULE

AN ACT

to provide for co-ordinated border management and control for the efficient movement and clearance of goods; give effect to the provisions of agreements on one-stop border posts; provide for simplified arrangements with adjoining States relating to the movement and clearance of goods; to establish control zones and provide for powers of officers in control zones; to provide for the development, management and maintenance of border infrastructure; to authorise the application of the Laws of Zambia and the laws of adjoining States in one-stop border posts; to repeal and replace the One-stop Border Control Act, 2009; and to provide for matters connected with, or incidental to, the foregoing.

[22nd February, 2019]

Act 12 of 2018,

SI 10 of 2019.

 

PART I
PRELIMINARY PROVISIONS

1. Short title

This Act may be cited as the Border Management and Trade Facilitation Act.

2. Interpretation

In this Act, unless the context otherwise requires—

"adjoining State"  means a State that shares a common border with Zambia;

"applicable laws"  means, in relation to—

   (a)   Zambia, the laws listed in the Schedule; and

   (b)   an adjoining State, the laws listed in a border agreement or any law of the adjoining State which corresponds to this Act;

"appropriate authority"  means a border authority or statutory body with functions related to, or impacting on, the importation, exportation, clearance, control or regulation of goods, control of persons entering or exiting Zambia and regulation of services relating to the movement and clearance of goods and persons to, from and across ports of entry;

"border"  means the boundary that demarcates the territory between Zambia and an adjoining State;

"border agreement"  means an agreement relating to the establishment of one-stop border post or a simplified trading arrangement, entered into by the Government and an adjoining State in accordance with section 15;

"border authority"  means a public authority exercising border controls at a port of entry;

"border control"  means any border-related measure, check, notification, requirement, clearance or authorisation provided in the relevant laws;

"border infrastructure"  means offices, other buildings and facilities at a port of entry and in a control zone;

"Committee"  means the National Committee on Trade Facilitation established under section 7;

"competent authority"  means an authority named in a border agreement that is entitled to issue and receive authorisations, notifications or act in a particular matter on behalf of Zambia or an adjoining State, as the case may be;


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